KRS 65.159: Incentive programs for emergency services personnel achieving health and

fitness goals.

(1) As used in this section:

(a) "Emergency services personnel" means any nonelected persons employed by

or volunteering for a:

1. Fire department operating under KRS Chapter 67 or 95 or under the

authority of an urban -county government, consolidated local

government, charter-county government, or unified local government;

2. Police department operating under KRS Chapter 67 or 95 or under the

authority of an urban -county government, consolidated local

government, charter-county government, or unified local government; or

3. Sheriff's department; and

(b) "Local government" means a city, county, urban -county government, charter

county government, consolidated local go vernment, or unified local

government.

(2) Any local government or group of local governments may elect, through the

adoption of an ordinance, or identical ordinances in the case of a group of local

governments, to establish an incentive program for emergency services personnel to

be rewarded for their leadership in achieving health and fitness goals that can be a

model for others in the community.

(3) The ordinance or ordinances shall specify what measures shall be part of the

incentive program, which may include the following health and fitness indicators:

(a) Fasting blood lipid levels that include total cholesterol, low density

lipoproteins, high density lipoproteins, and triglycerides;

(b) Fasting glucose levels;

(c) Systolic and diastolic blood pressur e levels, the measurement of which is

encouraged to be recorded when the participant is in a more-relaxed state;

(d) Fitness levels, including activities such as distances walked, push -ups, sit-ups,

pull-ups, and, in lieu of pull-ups for females, timed hangs;

(e) Body fat percentages;

(f) Body mass index; and

(g) Any other measure of fitness or health as determined by the local government,

such as a reduction in the use of tobacco products or sodium.

The ordinance or ordinances may provide considerations for differences in age and

gender of the emergency services personnel. Local governments are encouraged, at

a minimum, to include in their program the measures indicated in paragraphs (a) to

(c) of this subsection.

(4) (a) Local governments may reward participants who make the most positive gains

in the health and fitness indicators measured by the local government.

(b) The ordinance or ordinances shall clearly set out what health and fitness

standards will be rewarded within the selected measures.

(5) The ordinance or ordinances may include a step -based system of awards, in the

instance if a certain standard is met consistently or consecutively for an established

duration of time, the reward is to be incrementally increased.

(6) The ordinance or ordinances, in addition to or in lieu of rewarding individual

emergency services personnel performance, may reward performance to a particular

department or any combination of departments either in the local gove rnment or

among different local governments.

(7) The reward may be monetary in nature, or any other consideration or reward not

otherwise prohibited by state or federal law.

(8) A local government may, by ordinance, elect to repeal the program.

(9) Any mon etary reward provided under this section shall not be included in the

calculation for a retirement allowance for any emergency services personnel

participating in the County Employees Retirement System set out in KRS 78.510 to

78.852.

(10) A local governme nt shall follow any applicable state and federal laws in the

gathering of any health and fitness data from participants in the program, including

the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 -

191.

(11) Local governments are encouraged to acquire health and fitness baseline data for the

participants by using previously collected health and fitness data or by collecting

health and fitness data on the participants at the beginning of the program or when

they begin participating in the program.

(12) Each local government adopting an ordinance pursuant to this section shall send a

copy of its ordinance, and any amendments thereto, to the Kentucky Department for

Local Government. The ordinance or amendment may be sent electronica lly or by

any other method deemed suitable by the local government. The ordinances and

amendments shall be deemed public records pursuant to KRS 61.870 to 61.884.

(13) A local government may accept money by grant, gift, donation, bequest, legislative

appropriation, or other conveyance to be used for the sole purpose of this section

and shall be placed in a separate account apart from all other funds of the local

government.

(14) Nothing in this section shall be construed to prohibit any local government fro m

enacting or establishing alternative incentives or from participating in other

incentive programs for the rewarding of health or fitness levels or goals.

(15) Participation in the program shall be voluntary on the part of emergency services

personnel. The failure of any emergency services personnel to meet a standard set

out in this program, or to participate in the program, shall not be used as a measure

of his or her job-related performance.